Owlytics Healthcare Ltd. and its affiliates (“Owlytics“, “we”, “us” or “our”) are dedicated to elevating senior’s lives by combining continuous personal monitoring with the predictive power of data analytics with no interruption to their daily routine. By utilizing our solutions and remote monitoring, we are able to alert a care provider when there’s a sign of a health problem.
Website visitors, prospective clients or partners (“Visitors”) who visit or interact with our websites (such as https://www.owlytics.com/; https://watcher.owlytics.com/ and their subdomains), participate in our events / webinars, online ads and content, emails or communications under our control (collectively, the “Sites”);
Customers (“Customers”) and their authorized Users (“Users”) who have engaged with us, including account, contact and activity data relating to their use of the Owlytics’ platform and other tools and features provided by us as part of the services (the “Platform”);
End-User (“End-Users”) of our Customers’ who are using Owlytics’ health-monitoring solution via our watch or sensor (together with the Sites and Platform – the “Services”).
- Data Collection
- Data Uses
- Data Location
- Data Retention
- Data Sharing
- Cookies and Tracking Technologies
- Data Security
- Data Subject Rights
- Roles and Responsibilities
- Additional Information and Contact Details
If you are a clinical trial participant please refer to your Informed Consent Form.
You are not legally required to provide us with any personal information, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal information, or to have it processed by us or any of our Service Providers (defined in Section 5 below), please avoid any interaction with us or any use of our Services (or certain parts of our Services). If you are a User of the Platform or an End-User of the Services on behalf of any of our Customers, we suggest that you contact your account administrator with any questions.
Owlytics collects data regarding our Visitors, Customers and their Users and End-Users (“you” or “your”). Such data is typically collected and generated through your interaction with our Services, through automatic means, directly from you or from other third-parties.
To the extent the collected data relates to an identified or identifiable individual, it will be deemed as Personal Information (PI) and Protected Health Information (PHI), according to the US Health Insurance Portability and Accountability Act (HIPAA) and the US Health Information Technology for Economic and Clinical Health Act (HITECH). According to the EU General Data Protection Regulation (GDPR) it will be deemed as “Personal Data“ and in case of sensitive information (such as health-related information) it will be deemed as a Special Category of Personal Data – “Sensitive Data”. For the remainder of this Policy, we will refer to these types of data as PI and PHI.
Owlytics processes Users’ and End-Users’ data strictly on our Customer’s behalf, in accordance with their reasonable instructions as further stipulated in our Data Processing Addendum (DPA) and other commercial agreements with such Customer.
Specifically, we collect the following categories of data:
Data automatically collected or generated:when you visit, interact with or use our Services, including any e-mail or text messages sent to you via our Services, we may collect certain technical data about you. We collect or generate such data either independently or with the help of our Service Providers (as detailed in Section 5 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 6 below). Such data mainly consists of sensor, location, connectivity, technical and aggregated usage data, such as geolocation, IP address, wireless networks, cell towers and Wi-Fi access points; app user ID; non-identifying data regarding a device, operating system and browser; issues and bugs; locale and language settings used and User and End-User activity on our Services. Such data mostly serves us to better understand how our you typically use and engage with our Services and to improve our marketing campaigns and engagements, as well as the overall performance of our Services.
Data received from Users: you may provide us with PI voluntarily, such as your name, workplace and position, contact details (such as business e-mail, phone and address), account login details (such as username and hashed password) mailing address and billing details, when you sign up for our Services. You may also provide us with additional data of your choosing when you create an account, use or interact with our Services. To the extent that such data concerns a non-human entity, we do not regard it as PI and this Policy shall not apply to it.
Data received from End-Users: upon registration you may provide us with PI voluntarily such as your name, e-mail, phone number and hashed password when you sign up for our Services. You may provide us with additional data of your choosing when you create an account, use or interact with our Services. You may also provide us with PHI such as your medical history, time & date, steps, heartbeat, calories, sleep pattern, information on movements and body temperature. The PHI will be collected as instructed by our Customer, and will be made available to its authorized Users via the Platform.
Data received when you contact us: you may contact us for support, learning more about our Services and offerings, or for any other reason. In doing so, you may provide us PI such as your name, email, workplace and position and any other data you choose to provide or that we may require in order to properly review your inquiry. Similarly, you may provide us with your PI when you attend our events or webinars, or when you contact us via social media (such as Facebook, LinkedIn or Twitter).
Data received from other third-parties: we may receive your PI from other sources. For example, if you participate in an event, conference or webinar that we sponsor or participate in, we may receive your PI from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or Service Providers, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
Owlytics processes your PI and/or PHI as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining, improving and advertising our Services, e.g. in understanding how our Services are used, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; in providing customer service and technical support; providing education or consulting services, monitoring and testing system usage and performance, and protecting and securing our Visitors, Customers, Users, End-Users, ourselves and our Services.
Specifically, we use PI and/or PHI for the following purposes:
- To facilitate, operate, and provide our Sites and Services;
- To authenticate the identity of our Users, and to allow them to access and use our Platform;
- To provide our Users and End-Users with assistance and support;
- To perform audits, research, measurements and analyses in an effort to maintain, administer, support, enhance and protect the Services;
- To train and improve our algorithms, and to further develop, customize and improve the Services and your user-experience, based on common or personal preferences, experiences and difficulties;
- To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively;
- To contact our Customers with general or personalized service-related messages (such as password-retrieval or billing); or with promotional messages (such as newsletters, special offers, new features etc.) in accordance with Section 7 below; and to facilitate, sponsor and offer certain events and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners and Customers may use to provide and improve our respective services;
- To provide benchmarking and performance tracking solutions according to such aggregated or anonymized or pseudonymized data; and
- To comply with any applicable laws and regulations.
We and our authorized Service Providers (as detailed in Section 5 below) maintain, store and process PI and PHI in the United States, Israel and other locations as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Notwithstanding the foregoing, Users’ and End-Users’ data may only be processed in such locations as permitted in our DPA and other commercial agreements with such Customer.
We retain Users’ and End-Users’ PI and PHI for the purposes outlined in this Policy; for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with applicable laws and regulations, as well as our Customer’s reasonable instructions and as further stipulated in our DPA and other commercial agreements with such Customer.
After all applicable retention periods have expired, we will delete or destroy your PI and/or PHI, or render it non-personal, in a manner designed to ensure that it cannot be reconstructed. Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your PI and/or PHI for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at firstname.lastname@example.org.
Legal Compliance: in exceptional circumstances we may disclose or allow government and law enforcement officials access to your PI and/or PHI, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations with or without notice to you. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so and solely to the extent that we believe is strictly necessary to comply, (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and Services.
Service Providers: we may engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), data analytics services, marketing and advertising services, data and cyber security services, billing and payment processing services, e-mail and SMS distribution and monitoring services, session or activity recording services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, support and customer relation management systems, and our business, legal, financial and compliance advisors (collectively, “Service Providers“). These Service Providers may have access to your PI and/or PHI, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Sharing Data with our Customers: Users’ PI and End-Users’ PI and PHI is typically shared and is available within the Customer’s account on the Platform. In such cases, sharing such data means that the administrator of the account may access it on behalf of the Customer, and will be able to monitor, process and analyze the PI and/or PHI contained therein. This includes instances where we notify your care provider automatically of your potential health problem in real-time.
Please note that Owlytics is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the Customer of which you are a User or End-User, that itself acts as the “Covered Entity” or “Data Controller” of such data (as further described in Section 10 below).
Protecting Rights and Safety: we may share PI and/or PHI with others if we believe in good faith that this will help protect the rights, property or personal safety of Owlytics, any of our Visitors, Customers, Users, End-Users or any members of the general public.
For the avoidance of doubt, Owlytics may share your PI and/or PHI in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
Cookies and Tracking Technologies
We and our Service Providers use “cookies” and other technologies for performance, tracking, analytics and personalization purposes and in order to provide you with a better experience. We may share non-identifiable/aggregated extracts of such information with our partners for our legitimate business purposes.
Cookies: cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session – these are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types of cookies to facilitate the use of the Services’ features and tools. Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. For more information regarding cookies, you may find the following websites useful: www.allaboutcookies.org, www.youronlinechoices.co.uk.
Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: we may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, log-in attempts or password reset instructions, etc. Our Customers and Users on the same Customer account, may also send you notifications, messages and other updates regarding their or your use of the Services. You can typically control your communications and notifications settings from your Owlytics User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).
Notifications and Promotional Communications: we and our authorized partners (e.g., event or webinar co-sponsors) may also notify you about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable, as our Customer. We may provide such notices through any of the contact means available to us (e.g. SMS, phone, mobile or e-mail), through the Platform or Sites, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Owlytics at any time by sending an e-mail to: email@example.com, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
We and our hosting services implement systems, applications and procedures to secure your PI and PHI, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security. However, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any PI and PHI stored with us or with any third-parties.
Data Subject Rights
You have rights concerning your PI and PHI. If you wish to exercise your privacy rights under any applicable law, including the GDPR, HIPAA or HITECH, such as the right to request access to, and rectification or erasure of your PI and/or PHI held with Owlytics, or to restrict or object to the processing of such PI and/or PHI, or to port such PI and/or PHI, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at firstname.lastname@example.org.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you any PI and/or PHI related to others.
If you would like to make any requests or queries regarding PI and/or PHI that we process on our Customer’s behalf, please contact the administrator of such Customer’s account directly. For example, if you are a User or End-User of our Customer and you wish to access, correct, or delete data processed by Owlytics on behalf of our Customer, please direct your request to the relevant Customer (who is the “Covered Entity” or “Data Controller” responsible for such data – see Section 10 below). Note that if you do contact us, we may share your communications with our Customer.
Roles and Responsibilities
As a provider of hosted, electronic health record solutions, Owlytics customers are mostly health care providers and/or elderly care providers (“Care Providers”), subject to laws and regulations governing the use and disclosure of PI and/or PHI. In certain instances, Owlytics has direct contact with individuals receiving assistance from such Care Providers.
In the United States, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health of 2009 (HITECH), along with the regulations adopted under those statutes, and similar state laws (where those laws are more stringent than HIPAA) govern the handling of PHI. In the European Union the General Data Protection Regulation (GDPR) governs the handling of Sensitive Data, including health data.
These data protection laws and regulations, typically distinguish between two main roles for parties processing PI and/or PHI. The Care Providers are usually considered as the “Covered Entity” (or under the GDPR “Data Controller”), who determines the purposes and means of processing; and Owlytics is the “Business Associate” (or under the GDPR “Data Processor”) who processes the data on behalf of the Covered Entity (or Data Controller).
Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Owlytics is a Business Associate/Data Processor of its Customers and their Users’ and End-Users’ data. Such data is processed by us on our Customer’s behalf, as Business Associates/Data Processors. Service Providers who process End-Users data on our behalf are considered the “sub-processors” of such data.
Accordingly, Owlytics processes Users and End-Users’ PI and PHI strictly in accordance with such Customer’s reasonable instructions and as further stipulated in our DPA and other commercial agreements with such Customer. The Customer, as the Covered Entity/Data Controller of such data, will be responsible for meeting any legal requirements applicable to Covered Entities/Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each Customer is solely responsible for providing adequate notice to their Users and End-Users whose PI and PHI may be processed – including sufficient reference to the processing of their PI and PHI via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
Additional Information and Contact Details
Updates and amendments: we may update and amend this Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.
Our Services are not designed to attract children under the age of 18: we do not knowingly collect PI and/or PHI from children and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will attempt to prohibit and block such use and will make all efforts to promptly delete any PI and/or PHI stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at email@example.com.
Effective Date: November 3, 2020